Q & A – What do I do if I do not receive a medical certification form from an employee?

Q: What do I do if I do not receive a medical certification form from an employee?

A:  Employees must be given 15 calendar days to return the medical certification form.  More time may be required where circumstances beyond the employee’s control prevent him or her from meeting this deadline.  Absent such circumstances, an employee’s failure to submit required medical certification means that FMLA leave is not approved.  The employer should issue the Designation Notice telling the employee that he or she is not on approved leave for this reason.  And the employee’s absences can be counted against him or her for attendance purposes.